Spousal Maintenance in Minnesota

When a couple is having problems with their marriage, it can be an emotionally draining time. If the couple decides to get a divorce, the life that they spent building together now needs to be divided apart.

For some spouses, this can be a very difficult and contentious process. It is not uncommon for issues of child custody and property division to be challenging issues for the parties to resolve. This can be a crucial part of any divorce, as the decisions made at this time may not be able to be changed in the future.

Spousal maintenance, sometimes called spousal support or alimony, is one such item that parties may have problems resolving. Spousal maintenance is money that one spouse must pay to the other in order to help the other spouse make ends meet.

In some households, one of the spouses may earn much more money than the other. A divorce could quickly become damaging to the spouse that has a smaller income, as he or she may not be able to demonstrate why support is necessary. It can be a very complicated process, and working with an experienced family law attorney can help parties understand the issues that need to be addressed.

In Minnesota, there are two types of spousal maintenance that may be awarded, depending upon the situation of the parties involved. Temporary spousal maintenance means that the spouse will receive payments for a specified period of time, and it ends once the specified date is reached. Permanent support is the second potential option, and will be awarded to one spouse until he or she remarries or until one of the parties dies.

Parties may try to work out a spousal support agreement on their own, but if they are unable to do so, the matter may be ruled on by the court. The spouse that is seeking these payments must demonstrate why he or she believes the support is necessary. Some of the factors that the court will consider include the following:
-The earning history of the parties
-The financial resources of each spouse
-The standard of living during the marriage
-The contributions of each spouse to the household, which may include consideration for being a stay-at-home parent
-The potential need of the spouse after the divorce

These factors will require an in-depth examination of the couple's financial situation. It may be possible for the parties to modify the support orders, but the court may be reluctant to revisit the award.

If you are considering a divorce, it is important to speak to an experienced family law attorney to understand how best to proceed. There are things that you may need to do to protect your assets even before the process is started. While it may be tempting to just try to put the whole matter behind you as soon as possible, some of the decisions made during this time cannot be modified later.

Article provided by Bloch and Whitehouse, P.A.
Visit us at www.blochandwhitehouse.com

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